Refugee or Asylum

Permanent residency may be obtained by taking refuge or seeking asylum in the United States under certain circumstances.  A “refugee” is a person who is outside the United States seeking entry.  An “asylee” is a person who is already inside the United States, or at a port of entry, who is seeking to stay.  Such status must be established through an INS or State Department determination which will ordinarily require a hearing on the merits of the refugee or asylum seekers claims. 

When applying, a person seeking refugee or asylee status must be outside his or her country of nationality or, in the case of a person having no nationality, outside any country in which that person last habitually resided.  He or she must be unable or unwilling to return to, or unable or unwilling to avail himself or herself of the protection of, his or her country. Refugee or Asylum status will only be granted if the person applying has been subjected to persecution or has a well founded fear of being persecuted in his or her home country because of one or more of the following:

• race,
• religion,
• nationality,
• membership in a particular social group, or
  
• political opinion

This can be, and usually is, a very difficult and complex legal question in which the advocacy of council is highly recommended.   One should not attempt this process without the assistance of a qualified U.S. Immigration attorney.